THE HON’BLE SRI JUSTICE T. VINOD KUMAR

WRIT PETITION No. 9115 of 2024

ORDER

This Writ Petition is filed with the following prayer:

1. to declare that Central Motor Vehicle (Amendment) Act 2019

(2019 Act) is NOT applicable to Telangana, as it has NOT been notified by the Respondent No. 1 (TS Home Dept.), and until then, the NOT wearing of helmet by a pillion rider is not an offence and direct the Respondent No. 1

(TS Home Dept.) to follow the law as per Central Motor Vehicle Act 1988

2. To declare collection of Extra charges through G. O. Ms. 307

Home (POL BUD) Department, dated; 26th December 2007, issued by Respondent No. 1 (TS Home Dept.), for "collection of charges for e- Governance", as Contrary to Central Motor Vehicle (Amendment) Rules, 2020 and as such in violation of Article 162, 256 and 254 (1) of Constitution of India and for being arbitrary, illegal and in violation of my Fundamental

Rights u/A 14 and 21 of Constitution of India and set it aside

3. To direct the Respondent No. 1 (TS Home Dept.) to use the e-

challan website (e-challan, parivahan) created by the Respondent no. 3 (MoRTH) of Government of India as mandated by Central MV (Amendment)

Rules, 2020 read with Article 256 and 254 (1) of Constitution of India

2. Heard learned counsel for the petitioner, Sri. G. Aniketh Reddy learned Asst. Government Pleader (for short, ‘AGP’) for

Home appearing for respondent No. 1 and 2 and learned Dy. Solicitor General appearing on behalf of Respondent No. 3 and perused the record.

3. The petitioner contends that a challan was issued against his two-wheeler bearing registration no. TS 07 GE 8435 on 24.01.2024 via the Telangana e-Challan system, for allegedly allowing a pillion rider without a helmet; that a penalty of Rs. 100/- was imposed, along with an additional Rs. 35/- termed as "User Charges", in all totalling Rs. 135/-; and that the levy & collection of additional charge of Rs. 35/- is illegal and arbitrary, as there is no statutory sanction under the Central Motor Vehicles Act, 1988 (for short MV Act,1988) or its amendments allowing such collection.

4. The petitioner contends that while the rule for pillion rider to wear helmet stems from the Central Motor Vehicles (Amendment) Act, 2019 (for short Amendment Act, 2019), the same has not been notified by the State of Telangana and therefore lacks enforceability within the State. Moreover, the charge of Rs. 35/- being levied by Respondent No. 1 under G.O. Ms. No. 307 dated 26.12.2007, towards e-Governance charges, is contrary to the provisions of the Central law and amounts to unauthorized collection.

5. The petitioner contends that the State has discontinued the offline challan payment mechanism, thereby forcing citizens to use the Telangana Police e-Challan portal (https://echallan.tspolice.gov.in) and incur additional amount of Rs. 35/- as user charge per transaction; that this is in direct violation of Article 256 of the Constitution of India, which mandates that State Governments comply with laws made by Parliament; that the Central portal (https://echallan.parivahan.gov.in), developed by Respondent No. 3, no such charge is levied fee and the platform as developed and deployed under the Act and the Rules is the only authorized portal under the Central Motor Vehicles Rules, 2020 (in short ‘Rules, 2020’).

6. The petitioner further contended that the Central Motor Vehicles Rules, 1989 were amended via G.S.R. 584(E) dated 25.09.2020 (effective from 01.10.2020), introducing the term "Portal", mandating States to use the Central Government's official platform for vehicle-related services; that the continued imposition of user charges by the State using its own platform is not only ultra vires the Central law but also unconstitutional and violative of citizens’ rights; and that despite a representation dated 14.03.2024 being submitted requesting cessation of such charges, the respondents failed to respond.

7. The petitioner also contended that respondent No. 1 has deliberately disregard